Working Together

A couple of months ago I received a call from Goldberg Law Group to work with a woman whose sister-in-law, Susan, would not be able to stay at the assisted living facility where she lived for the past 3 years because the state had determined she was no longer medically eligible for community Medicaid (MLTSS). Susan, her sister-in-law Brenda reported, had had emotional, mental and medical difficulties from childhood. The threat to remove her from a supportive environment would be a departure from the decision made 3 years earlier ago which had deemed her eligible for Medicaid.

The Medicaid representative stated that Susan was able to care for herself, based on nursing notes and interviews with Susan, who assured her that she was quite independent and perfectly able to bathe herself, take medications properly, ambulate without assistance, maintain her diet and be involved in activities.

The problem was that the nursing notes were inconsistent and sometimes contradictory due to a change in staff and lack of coordination. To rectify this Eric Goldberg asked that I do an assessment and, in turn, seeing the lack of a full history of Susan’s development, I recommended that a neuropsychological exam be administered.

Our task was to be neutral, to read the nursing notes but also take into account the observations of family and staff who knew Susan well. They reported a decline and were concerned about her memory functioning. Staff presented a consistent picture of a 68 year old woman who had social and emotional issues and would bend a truth to get what she wanted. They all observed that Susan had become more dependent as evidenced by her refusal to take medications properly saying, “the nurses know what pills I take, I don’t have to”; follow a diet for diabetes, irritable bowel syndrome and weight control; refuse to follow recommendations from physical therapy to help with poor balance and gait; and the need for an aide to assist with bathing to avoid the rashes she was getting from poor self-care. In addition, they noted, Susan had been isolating herself socially, not attending programs she used to enjoy and having meals delivered to her room – an extra expense to the family were it to continue. They all reported that Susan’s memory was spotty and noted an inability to learn new tasks (like the TV remote which she had been familiar with).

I met with Susan, who presented as alert but talking for even a few minutes revealed a person with limited insight and significant gaps in logic and memory. She exhibited overlearned behavior; i.e., knowing the “right” thing to say but not comprehending that it was in fact harming her. Neuropsychologist Dan Edelman, through his testing and interviews, concluded that Susan “suffers from a developmental disability since birth, which has had profound ramifications involving severe deficits in adaptive functioning.”

As a team we agreed that releasing Susan to a community setting would be a disaster and that our reports would support keeping her at the assisted living. After all, with poor social skills and an inability to care for herself, how could she possibly manage?

Eric Goldberg now had to tackle the legal side – working with the facility to rectify the nursing notes and reflect the changes staff had reported but hadn’t been recorded, then integrate that with our test and interview results.

It felt like a miracle was in order but no, it was skill, not magic, that lead the state to re-evaluate their findings. Eric presented a compelling and well documented picture which caused the state to change its determination.

As Brenda said in a note to us “There is no question that your assessments and perseverance played a significant role in getting Susan placed in a level of care that allows her to stay where she is. Working with you, Eric and Dan gave us the energy to rally through this. Thank you for your professionalism and support.”

Teamwork…it works.

Ruth Rothbart-Mayer, LCSW, C-ASCM

About Eric Goldberg

Eric graduated from Cornell University with a Bachelor of Science in 1990. He earned his law degree from Yeshiva University’s Benjamin N. Cardozo School of Law in 1994. Eric’s extensive knowledge of the interplay between finance, tax law, and government benefits, together with his compassionate nature, make him uniquely qualified to counsel clients on the complexities of estate and long-term care planning. When not practicing law, Eric is an avid mountain biker and enjoys spending time with his wife, two boys, and Golden Retriever.
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